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Re: Cop Interrogation-Court? [Re: Keen]
    #13332535 -

Keen said:
Prisoner#1 said:
Keen said:
The right to remain silent is after you are arrested and the 5th amendment can only be plead in court



absolutely not, if it were we'd be dealing with forced confessions and all
kinds of shit, your rights dont stop when you leave the courthouse



Pleading the fifth refers to the Fifth Amendment to the United States Constitution. People testifying under oath use it to avoid answering questions that could convict them of a crime. In court.

Although you do have the right to remain silent during a non-arrest questioning it could be easily trumped up into an obstruction of justice charge. Especially if you're confrontational, or if the cop is just feeling frisky.


Yeah right. :rolleyes:



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¿Check out some art m8?


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Re: Cop Interrogation-Court? [Re: trip forever]
    #13332554 -

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation"

People, just read it before you misinform everyone on the Shroomery.

The Fifth says nothing about having to be under arrest or on trial in court.  It says the government and it's agents can't make you talk, unless you're indicted by the grand jury.


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"Fear makes the wolf look bigger"

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Re: Cop Interrogation-Court? [Re: twighead]
    #13332557 -

twighead said:
Keen said:
Prisoner#1 said:
Keen said:
The right to remain silent is after you are arrested and the 5th amendment can only be plead in court



absolutely not, if it were we'd be dealing with forced confessions and all
kinds of shit, your rights dont stop when you leave the courthouse



Pleading the fifth refers to the Fifth Amendment to the United States Constitution. People testifying under oath use it to avoid answering questions that could convict them of a crime. In court.

Although you do have the right to remain silent during a non-arrest questioning it could be easily trumped up into an obstruction of justice charge. Especially if you're confrontational, or if the cop is just feeling frisky.


Yeah right. :rolleyes:




Okay, myself and the ACLU is wrong. Fine.


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The truth is often the last thing people will believe - it's not what they want to believe. Do you believe me?

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Re: Cop Interrogation-Court? [Re: Keen]
    #13332564 -

they can charge you with what ever they want but they cant prove you
have knowledge of anything, if they could then they wouldnt be asking
questions, getting an obstruction charge dropped for refusing to answer
questions is cake because your constitutional rights

"nor shall be compelled in any criminal case to be a witness against himself"

now should our friend Trip Forever decide to answer any questions then
he opens himself up more easily to his own prosecution even though his
questioning may be related to the prosecution, for instance if he was at
the party drinking as well and is underage he's then become a witness
against himself and produced their case, if the cops try to coerce
him then they've violated his constitutional rights, the 5th doesnt
just apply to the witness stand


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California Has Legalized Child Prostitution

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Re: Cop Interrogation-Court? [Re: Keen]
    #13332572 -

Link to said page? I've never ever heard of anyone being charged with obstruction of justice for simply exercising their right to remain silent and nothing more. If the court really needs to find out something then you will be subpoenaed.


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¿Check out some art m8?


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Re: Cop Interrogation-Court? [Re: Keen]
    #13332575 -

Quote:
Pleading the fifth refers to the Fifth Amendment to the United States Constitution. People testifying under oath use it to avoid answering questions that could convict them of a crime. In court.



The 5th admendment is so you don't say any incriminating evidence, not give them incriminating evidence, that wouldn't make any sense.

Also in the video a lawyer/cop say otherwise and the lawyer even points out "pleading the 5th does not prove/mean your guilty"


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Re: Cop Interrogation-Court? [Re: jenns_hot]
    #13332578 -

jenns_hot said:
It says the government and it's agents can't make you talk, unless you're indicted by the grand jury.


no, even then they cannot make you talk, the indictment is simply the formality of bringing charges


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California Has Legalized Child Prostitution

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Re: Cop Interrogation-Court? [Re: Prisoner#1]
    #13332609 -

Prisoner#1 said:
the party drinking as well and is underage he's then become a witness
against himself


To clear up on some things, although somehwat irrelevant, these kids stole beer from garages for around a year.

They weren't just charged for underage poss of alcohol. They also got trespassing
theft
and some other random charge. maybe under the influence or something.


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Re: Cop Interrogation-Court? [Re: trip forever]
    #13332632 -

The government absolutely can compel someone to testify against someone else.  It happens all the time.  Several journalists have spent time in jail for refusing to reveal sources as has Barry Bonds' "trainer" for refusing to testify.  I'm sure there are numerous other examples.


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Re: Cop Interrogation-Court? [Re: trip forever]
    #13332658 -

Alright, im ready to do this.

Polite and respectul, yet refuse to answer questions.

I got this, because if I don't say anything I won't have any incriminating evidence(except for suspicion). There will be no evidence, because I'm not guilty, so I'm good to go.

only 10 hours


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Re: Cop Interrogation-Court? [Re: zappaisgod]
    #13332675 -

zappaisgod said:
The government absolutely can compel someone to testify against someone else.  It happens all the time.  Several journalists have spent time in jail for refusing to reveal sources as has Barry Bonds' "trainer" for refusing to testify.  I'm sure there are numerous other examples.


He's not refusing to testify in court, where you can be imprisoned for contempt.  The OP isn't under oath, so refusal to answer self-incriminating questions isn't unlawful.  He's refusing to answer questions to the police, which cannot land you in prison.

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Re: Cop Interrogation-Court? [Re: twighead]
    #13332683 -

twighead said:
Link to said page? I've never ever heard of anyone being charged with obstruction of justice for simply exercising their right to remain silent and nothing more. If the court really needs to find out something then you will be subpoenaed.


http://blog.seattlepi.com/seattle911/archives/158575.asp

The 5th amendment and the right to remain silent are the same thing really. You just can't "plea" the 5th during questioning, you can however invoke your right to remain silent. The simple word "plea" caused all the confusion, you can't really "plea" anything outside of a courtroom. If you obstruct police, you could be arrested.

I'm not really concerned about being right or wrong in this situation, just giving the best advice I can from experience. The charge of obstruction of justice can be quite a broad definition, a cop might arrest you for it (scare tactic), but never actually charge you with it and let you go after 48 hours. Or if they feel they have enough evidence they will charge you with it. Which could be construed as false arrest. OP asked for advice, and I gave it. I've dealt with the police enough to know exactly what kind of shit they pull, lies, scare tactics etc.

At this point most people say OP should refuse to answer questions or just remain silent. Let the popular vote win the day and go with that. Let us know how it goes.


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The truth is often the last thing people will believe - it's not what they want to believe. Do you believe me?

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Re: Cop Interrogation-Court? [Re: zappaisgod]
    #13332696 -

zappaisgod said:
The government absolutely can compel someone to testify against someone else.  It happens all the time.  Several journalists have spent time in jail for refusing to reveal sources as has Barry Bonds' "trainer" for refusing to testify.  I'm sure there are numerous other examples.


I'll testify if I must, but one of the kids, who got arrested, told them the entire story, so I doubt they need any more information.

They're most likely interrogating me because one of the kids said I was with them one night.(along with many others who were proven innocent. fucker just wanted a lowered sentence)

If I have to testify, then w/e, that lying asshole needs to be taught a lesson.

I just don't wanna have to get charged for something I didn't do.


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Re: Cop Interrogation-Court? [Re: trip forever]
    #13332717 -

If you don't want to be charged/brought into all this mess, only answer questions after seeking legal counsel and having a lawyer present during questioning.  It's the only way to be sure.  Good luck OP.

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Re: Cop Interrogation-Court? [Re: Keen]
    #13332747 -

Keen said:
twighead said:
Link to said page? I've never ever heard of anyone being charged with obstruction of justice for simply exercising their right to remain silent and nothing more. If the court really needs to find out something then you will be subpoenaed.


http://blog.seattlepi.com/seattle911/archives/158575.asp

The 5th amendment and the right to remain silent are the same thing really. You just can't "plea" the 5th during questioning, you can however invoke your right to remain silent. The simple word "plea" caused all the confusion, you can't really "plea" anything outside of a courtroom. If you obstruct police, you could be arrested.

I'm not really concerned about being right or wrong in this situation, just giving the best advice I can from experience. The charge of obstruction of justice can be quite a broad definition, a cop might arrest you for it (scare tactic), but never actually charge you with it and let you go after 48 hours. Or if they feel they have enough evidence they will charge you with it. Which could be construed as false arrest. OP asked for advice, and I gave it. I've dealt with the police enough to know exactly what kind of shit they pull, lies, scare tactics etc.

At this point most people say OP should refuse to answer questions or just remain silent. Let the popular vote win the day and go with that. Let us know how it goes.


I see what you mean but I think the author just chucked that in there himself, I checked out the ACLU site itself and they didn't mention the whole "obstruction of justice" thing, nor have I seen any cases that have arisen from one claiming the right to remain silent

From the site:
"You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself."

Sounds like a safe bet to me, you do have the constitution on your side after all.


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Re: Cop Interrogation-Court? [Re: twighead]
    #13332794 -

twighead said:
Sounds like a safe bet to me, you do have the constitution on your side after all.


True, however now the plot thickens. It's seems the OP has been implicated in a crime through a confession (written and signed statement). If they want to nail him with a charge from that, it seems likely that they will do so. Sucks to be OP. :/

I wonder what charges they could come up with based on the evidence presented... not a good situation to be in.


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The truth is often the last thing people will believe - it's not what they want to believe. Do you believe me?

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Re: Cop Interrogation-Court? [Re: trip forever]
    #13332801 -

If anything, say that you don't remember.  That way you haven't admitted to anything, but if for some reason you do end up going to trial or something, you could magically recall whatever event transpired if need be.

Edited by snitchelpowerz37 (10/13/10 09:32 PM)

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Re: Cop Interrogation-Court? [Re: Keen]
    #13332812 -

Keen said:
twighead said:
Sounds like a safe bet to me, you do have the constitution on your side after all.


True, however now the plot thickens. It's seems the OP has been implicated in a crime through a confession (written and signed statement). If they want to nail him with a charge from that, it seems likely that they will do so. Sucks to be OP. :/

I wonder what charges they could come up with based on the evidence presented... not a good situation to be in.


Indeed it is so but the only evidence against him would seemingly be his 'friends' word and since he hasn't already been arrested they must be digging for more possible evidence... something that staying silence would certainly prohibit. :wink:


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¿Check out some art m8?


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Re: Cop Interrogation-Court? [Re: twighead]
    #13332851 -

What people have said in this thread is right, but you still want to placate the police to a degree and exercise your rights with respect. If you give the police a hard time they will give you a hard time. Show respect and you get respect. So obviously don't be like 'ay fuck you i'm not talking' or 'no comment no comment' cos that will both piss them off and indicate guilt.

As pris said, tell them their misinformed or you have no knowledge of the matter, ask am i under arrest or being detained, to which if they answer no, then say right, well im very busy at the moment i must go.


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Re: Cop Interrogation-Court? [Re: Keen]
    #13332863 -

Keen said:
True, however now the plot thickens. It's seems the OP has been implicated in a crime through a confession (written and signed statement). If they want to nail him with a charge from that, it seems likely that they will do so. Sucks to be OP. :/



Would it be that likely for them to charge me just because some kid(who I haven't even seen in 11 months) said I was involved?

If that was the case anyone getting arrested could say anyone's name and be likely to get charged, even if they weren't affliated in any way.


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